Instead, he will have to carry out a total of 300 hours unpaid work over 12 months and will be disqualified from driving for a year.

Reading Crown Court heard on Friday how Lapworth had been driving his souped-up Vauxhall Nova in a convoy of three vehicles containing a group of friends.

As they travelled along Lower Earley Way at 2pm on Saturday, April 23, 2011, Lapworth overtook one of the cars, resulting in the vehicles travelling three abreast on the two-carriageway road.

Lapworth’s car collided with Mr Barnes’ Peugeot 106 and Mr Barnes, of Stockbury Close, Lower Earley, died at the scene. The court heard Lapworth had pleaded guilty to causing death by careless driving but the Crown Prosecution Service decided to push ahead with the more serious charge of dangerous driving because it believed the two friends had been racing each other.

However, the jury was unable to reach a decision after a trial and the Crown said it would not seek a re-trial. The court heard Lapworth was a father to one child, had always been in employment and was of previous good character apart from a reprimand and caution for non-driving related offences in his teenage years.

Sentencing, Judge Stephen John said: “Because of the way you drove that day, you contributed to depriving Simon Barnes’ family of their son and his friends of their friendship.

He continued: “This was an accident. No-one suggests that you intended it to occur.”

Judge John said he accepted Mr Barnes’ driving had also been at fault. He said sentencing guidelines could result in Lapworth serving just six weeks in jail if he imposed a custodial sentence.

Judge John said: “That would serve no purpose and if anything might lead Simon Barnes’ family to the mistaken view that this was the price I was putting on his life.”

He sentenced Lapworth, of Marks Road, Wokingham, to a 12 month community order with an unpaid work requirement of 240 hours for causing death by careless driving.

Lapworth was also sentenced to a further 60 hours unpaid work after admitting fraud when he failed to tell his insurance company his car had been customised, making his insurance void.

A member of Mr Barnes’ family said outside court: “Nothing will ever bring Simon back and I don't think as a family we are particularly happy with the outcome but under the law we realise there is nothing we can do.”